As used in this chapter, the following terms shall have the
meanings indicated:
CONSUMER FIREWORKS
A.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects of combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for consumer fireworks as defined
in American Pyrotechnics Association (APA) Standard 87-1 or any successor
standard, the sale possession and use or which shall be permitted
throughout this commonwealth.
B.
The term does not include devices such as Class 1 model rockets
as defined in 14 CFR Part 101, ground and hand-held sparkling devices,
novelties, toy caps, as defined in APA Standard 87-1, or any successor
standard, the sale, possession, and use of which shall be permitted
at all times throughout this commonwealth.
DISPLAY FIREWORKS
Large fireworks used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects of combustion,
deflagration, or detonation. The term includes, but is not limited
to:
A.
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
B.
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
C.
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table) by the United States Department
of Transportation.
NFPA 1124
The National Fire Protection Association Standard 1124 Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2017 Edition.
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation
of persons for conducting business whether a person is actually present.
PENNSYLVANIA LAW
Pennsylvania Act 74 of 2022 which also may be cited as House Bill 2157.
The Pennsylvania State Police, Lower Makefield Township Police,
or the Lower Makefield Township Fire Marshal may seize, remove, or
cause to be removed at the expense of the owner all stocks of consumer
fireworks or display fireworks or combustibles offered or exposed
for sale, stored, or held in violation of this chapter. The owner
shall also be responsible for the storage and, if deemed necessary,
the destruction of these fireworks.